Guidelines XXXXXXXX for Training Cabin XXXXXX Crew on Identifying and Responding to Trafficking in Persons

Similar documents
Guidance on Human Trafficking

Human Trafficking. ACI-NA Public Safety & Security Committee Conference April 19, 2016

Migration Terminology

HUMAN TRAFFICKING. Sarah-Jane Prew. Cabin Safety Update Crimestoppers UK

Human Trafficking. Sponsored by

Debora Sutor, International Vice President The Association of Flight Attendants-CWA, AFL-CIO WATS 2018 Orlando, USA, April 2018

Use of the Delphi methodology to identify indicators of trafficking in human beings Process and results

Recommended Principles and Guidelines on Human Rights and Human Trafficking (excerpt) 1

Irregular Migration, Trafficking in Persons and Smuggling of Migrants

International Organization for Migration (IOM) Migrant Smuggling as a Form of Irregular Migration

TRAFFICKING IN PERSONS

Annex II. Preamble. The States Parties to this Protocol,

Adopted and opened for signature, ratification and accession by General Assembly resolution 55/25 of 15 November 2000

Indicators of trafficking

Victims of human trafficking and Modern Slavery

Human Trafficking. Lt. Rich Buoye Jacksonville Sheriff s Office Integrity / Special Investigations Unit

Economic and Social Council

CONTENTS. The National Referral Mechanism (A) Objective (B) Definition (D) Stakeholders... 4

Human Trafficking: Municipal Initiative is Key

Donna Hubbard Story : They Said I Couldn t Fly

(2006/618/EC) approved by means of a separate decision of the Council ( 4 ).

International regulations Standards for implementation

Modern Day Slavery: An Overview. Banu Demiralp April 17, 2012 Janna Lipman

UN Global Plan of Action against Trafficking in Persons DRAFT (19 July 2010)

Human Trafficking and Smuggling in the Migration Context: Challenges and Lessons

In the minute that it s taken to watch that video clip, 50 people around the world will have become victims of human trafficking.

Combating Trafficking in Persons

4 ALBERT EMBANKMENT LONDON SE1 7SR Telephone: +44 (0) Fax: +44 (0)

WOMEN AS VICTIMS. Presented by Megan Voller Senior Assistant Director CDPP, Darwin at the CLANT, 14 th Biennial Conference: Victims of the System

Human trafficking, exploitation, and displacement in Syria

PHILIPPINES ASIA PACIFIC REGIONAL PREPARATORY MEETING FOR THE GLOBAL COMPACT ON SAFE, ORDERLY AND REGULAR MIGRATION

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/61/438)] 61/144. Trafficking in women and girls

INTERNATIONAL DIALOGUE ON MIGRATION 2009 INTERSESSIONAL WORKSHOP ON

Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings

United States Trafficking in Persons Report 2014, p 11.

CRC/C/OPSC/KOR/CO/1 6 June 2008 Original: English COMMITTEE ON THE RIGHTS OF THE CHILD. Forty-eighth session

IDENTIFYING AND INVESTIGATING CASES OF FORCED LABOUR AND HUMAN TRAFFICKING

Next Steps. How the Meetings and Incentives Industry Can Fight Trafficking

BRADY CORPORATION POLICY AGAINST FORCED LABOR AND HUMAN TRAFFICKING

Human Trafficking and Slavery: A Global Problem

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL FRAMEWORK DECISION

Trafficking and Smuggling of Migrants under International Law

What is Modern Slavery?

Strengthening international cooperation in preventing and combating trafficking in persons and protecting victims of such trafficking

(Legislative acts) DIRECTIVES

Legal tools to protect children

Human Rights in Canada

Critical Assessment of the Implementation of Anti Trafficking Policy in Bolivia, Colombia and Guatemala Executive Summary

What the Church teaches, is in scripture, or is the position of the archdiocese or USCCB:

CRC/C/OPSC/CHE/CO/1. Convention on the Rights of the Child. United Nations

IOM COUNTER-TRAFFICKING ACTIVITIES

The United Nations response to trafficking in women and girls

Prosecuting Human Traffickers in Ghana: Challenges and Recommendations

Child Trafficking and Abduction

IV CONCLUSIONS. Concerning general aspects:

Profits and poverty: The economics of forced labour

Modern Slavery Guidance

Consortium of Non-Traditional Security Studies in Asia

Trafficking in Persons in International Law

A Sabre initiative to end human trafficking

IOM Awareness-Raising Session on Sexual Exploitation and Abuse

- having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms,

Smuggling of migrants the international legal framework

Trafficking in Human Beings. Dr. Vladislava Stoyanova

Human Trafficking: Resources and Response

a classified advertising website, known for its use by sex traffickers as a platform for advertisements for prostitution, including minors

DECISION No ADDENDUM TO THE OSCE ACTION PLAN TO COMBAT TRAFFICKING IN HUMAN BEINGS: ONE DECADE LATER

Safeguarding Children Who May Have Been Trafficked

Eradicating forced labour from supply chains

CRC/C/OPSC/ISR/CO/1. Convention on the Rights of the Child. United Nations

FIJI ISLANDS IMMIGRATION ACT Part 5 - TRAFFICKING AND SMUGGLING OF PERSONS

Adam Smith International Human Trafficking and Modern Slavery Policy

MODERN SLAVERY: A ROLE FOR NURSES

ZACATECAS DECLARATION 15 October 2004

UNDERSTANDING HUMAN TRAFFICKING CASES

Council of Europe Convention on Action against Trafficking in Human Beings

Trafficking and the UK s approach to prevention and victim protection through the National referral Mechanism

Understanding and responding to human trafficking in South Africa

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse

Regional brief for the Arab States 2017 GLOBAL ESTIMATES OF MODERN SLAVERY AND CHILD LABOUR

Labour Exploitation. Spotting the signs. Working in partnership to protect vulnerable and exploited workers

Human Trafficking for Commercial Sexual Exploitation

2009 OCTOBER DECLARATION ON TRAFFICKING IN HUMAN BEINGS. Towards Global EU Action against Trafficking in Human Beings.

UNIVERSAL PERIODIC REVIEW INDIA

Child Trafficking, Exploitation and Abuse Justice and Support for Children. Who is responsible? Bharti Patel CEO, ECPAT UK

The Human Smuggling and Trafficking Center

WELCOME! CCAT Exec Board: President-Samantha Cardwell. Secretary and VP Action-Kelsey Holder. Treasurer and VP Fundraising-Lauren Sweeney

Resolution adopted by the Human Rights Council on 22 June 2017

UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME

IPS HUMAN TRAFFICKING THE SALVATION ARMY INTERNATIONAL POSITIONAL STATEMENT

International aspects of human trafficking Especially trafficking with minors

Submission to the. Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade inquiry into Modern Slavery Act in Australia

Trafficking in human beings - EU legal and policy framework

Recommendation CP(2013)10 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Spain

TRAFFICKING IN PERSONS IN PAPUA NEW GUINEA: AN EMERGING ORGANIZED TRANSNATIONAL CRIMINAL ACTIVITY

GENDER SENSITIVE GUIDELINE FOR HANDLING WOMEN VICTIMS OF TRAFFICKING IN PERSONS

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)]

European Compliance & Ethics Institute May London, UK

TRAFFICKING LEARNING OBJECTIVES: TRAFFICKING DEFINED: Module 16

Japan s 2014 Action Plan to Combat Trafficking in Persons December 16, 2014 Ministerial Meeting Concerning Measures Against Crime

Transcription:

Circular Doc XXXX352 Doc XXXX Guidelines XXXXXXXX for Training Cabin XXXXXX Crew on Identifying and Responding to Trafficking in Persons Volume X XXXXXXXX Edición de 20XX XXXXXXXX Approved Aprobado por by and la Secretaria published General under y the publicado authority bajo of su the responsabilidad Secretary General INTERNATIONAL CIVIL CIVIL AVIATION AVIATION ORGANIZATION

Circular 352 Guidelines for Training Cabin Crew on Identifying and Responding to Trafficking in Persons Approved by and published under the authority of the Secretary General INTERNATIONAL CIVIL AVIATION ORGANIZATION

Published in separate English, Arabic, Chinese, French, Russian and Spanish editions by the INTERNATIONAL CIVIL AVIATION ORGANIZATION 999 Robert-Bourassa Boulevard, Montréal, Quebec, Canada H3C 5H7 For ordering information and for a complete listing of sales agents and booksellers, please go to the ICAO website at www.icao.int Cir 352, Guidelines for Training Cabin Crew on Identifying and Responding to Trafficking in Persons Order Number: CIR 352 ISBN 978-92-9258-430-6 ICAO 2018 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, without prior permission in writing from the International Civil Aviation Organization.

FOREWORD The publication you are about to read is a powerful tool which may, quite literally, help you to save someone's life. Human trafficking is a shocking crime which occurs all over the world, depriving its victims of their human rights and sometimes their lives. You can help combat the traffickers and assist their victims. These guidelines have been drawn up to enable members of cabin crews and other transportation personnel to identify possible victims of trafficking and respond to their plight. It is essential that we protect and help all victims of human trafficking. We also need to ensure that the perpetrators face justice. On behalf of my Office, I thank you in advance for your help with these important, and urgent, tasks. UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein ICAO is honoured to have collaborated with the Office of the United Nations High Commissioner for Human Rights on these comprehensive new guidelines to help crew members recognize and combat the trafficking of persons. Our goal with this new tool is to ensure that civil aviation s remarkable ability to connect global citizens and societies is not abused by those with ignoble intent. ICAO and the civil aviation sector actively contribute to the achievement of fifteen of the seventeen United Nations Sustainable Development Goals (SDGs) adopted under the 2030 Agenda for Sustainable Development, and this includes SDGs 5, 8 and 16 which draw specific attention to our shared priority to end human trafficking. States and civil aviation authorities can contribute to this noble aim by adopting these guidelines and disseminating them to the airline operators registered in their national jurisdictions. ICAO s overall objective is to ensure cabin crew receive suitable training so that they may help save the lives and dignity of trafficked persons, and on behalf of our Organization I thank you for your active engagement in this critical issue. Secretary General, International Civil Aviation Organization Dr. Fang Liu (iii)

TABLE OF CONTENTS Chapter 1. Introduction... 1 1.1 Background... 1 1.2 Purpose... 1 1.3 Scope... 2 Chapter 2. Trafficking in persons... 3 2.1 General... 3 2.2 Elements of trafficking... 4 2.3 Why trafficking happens... 5 2.4 Types of trafficking... 6 2.5 General indicators of trafficking... 7 2.6 Indicators for cabin crew members... 8 2.7 Concept of Do no harm... 9 Chapter 3. Regulatory considerations... 10 3.1 General... 10 3.2 The Palermo Protocol... 10 3.3 ICAO Standards and Recommended Practices... 10 3.4 Role of the State civil aviation authority... 11 Chapter 4. Operator policy and procedures... 12 4.1 General... 12 4.2 Policy... 12 4.3 Cabin crew procedures... 13 4.4 Reporting... 14 Chapter 5. Cabin crew training... 15 4.1 General... 15 4.2 Content of cabin crew training... 15 4.3 Content of training for flight crew members and other personnel... 16 4.4 Training delivery methods... 17 Appendix. Sample training programmes... 18 Page (v)

Chapter 1 INTRODUCTION 1.1 BACKGROUND 1.1.1 Trafficking in persons refers to the process through which individuals are placed or maintained in an exploitative situation for economic gain. Trafficking is a worldwide criminal activity and can occur within a State or may involve movement across borders. Women, men and children are trafficked for a range of purposes: slavery like practices, including forced labour in factories, farms and private households; organ removal; sexual exploitation; and forced marriage. To combat trafficking in persons it is imperative that States acknowledge that one or more trafficking aspects occur in every country around the world. 1.1.2 The exploitation of individuals for profit has a long history and continues today. International efforts to address it can be traced back at least a century. A fundamental shift is taking place in how the international community thinks about human exploitation. The change in the States response to the issue of trafficking now includes prevention, protection, investigation and prosecution, and has at its core a human rights based approach. 1.1.3 While prevention is the ultimate goal, raising awareness throughout the world is an important effort in combating trafficking and all forms of exploitation. Cabin crew training on identifying and responding to trafficking in persons is aimed at raising awareness within the international aviation community. Using a layered approach to address the trafficking in persons requires the involvement and training of multiple stakeholders, such as flight crew members and all aviation personnel (e.g. airport security, security on board and passenger handling agents). 1.2 PURPOSE 1.2.1 This circular is based on the human rights based approach developed by the Office of the United Nations (UN) High Commissioner for Human Rights (OHCHR). The OHCHR addresses the different aspects that should be taken into account by States and other stakeholders when developing their strategies to prevent, protect, investigate and prosecute cases involving trafficking in persons. 1.2.2 As a specialized agency of the United Nations, the International Civil Aviation Organization (ICAO) recognized the important role that aviation plays in addressing the problem of trafficking in persons, and worked in collaboration with the OHCHR to develop this guidance material. 1.2.3 In 2010, the United Nations General Assembly adopted Resolution 64/293, endorsing the United Nations Global Plan of Action to Combat Trafficking in Persons 1. The Global Plan of Action urged all responsible UN entities to coordinate their efforts to effectively fight trafficking in persons and to protect the human rights of victims, including through the Inter-Agency Coordination Group against Trafficking in Persons (ICAT) 2 of which ICAO is a member. The Global Plan of Action encouraged States to adopt national action plans to combat trafficking in persons, including 1. The Global Plan of Action To Combat Trafficking In Persons 2. ICAT 1

2 ICAO Circular 352 adopting national legislation criminalizing trafficking. In 2017, the General Assembly adopted a Political Declaration, 3 reiterating the commitments laid upon States to continue combating trafficking. 1.2.4 Based on their national action plans or frameworks, and in line with their international obligations, States civil aviation authorities (CAAs) should require that operators develop policies, procedures, training and guidance for their employees, specifically to raise awareness on trafficking in persons and appropriate responses. 1.2.5 This circular provides States and operators with the framework and topics that should be included in training packages on identifying and responding to trafficking in persons, aimed particularly at cabin crew members. Although the content of this circular is applicable to cabin crew members, the issue of trafficking and combating this issue involves several stakeholders, not just cabin crew. Flight crew members play a vital role in reporting suspected cases of trafficking on board. It is imperative that they also receive training on this subject as part of a team approach to the issue. All personnel at airports should also be trained to recognize trafficking in persons and how to report any suspected case to the appropriate authorities. Therefore, the content of this circular may be adapted and used to create training packages for different transportation stakeholders (i.e. trains, buses or cruise lines). 1.3 SCOPE 1.3.1 The content and approach outlined in this circular form an acceptable means, but not the sole means, to establish operator training around the issue of trafficking in persons. Operators should consult with their State on specific requirements and comply with national regulations, where applicable. 1.3.2 The content of this circular was developed through a process of consensus, with inputs from experts from CAAs, operators, aircraft manufacturers and training organizations, in addition to the OHCHR, and was thereafter submitted for an extensive peer review to collect and take into account comments from the aviation expert community. ICAO and the OHCHR gratefully acknowledge the contribution received from the ICAO Cabin Safety Group (ICSG). 3. Political declaration on the implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons

Chapter 2 TRAFFICKING IN PERSONS 2.1 GENERAL 1 2.1.1 Trafficking in persons is referred to as modern-day slavery and a practice similar to slavery. It involves the trading of human beings for different forms of exploitation such as sexual exploitation, forced and bonded labour, forced marriage as well as for the purpose of organ removal. The 2017 global estimates 2 released by the International Labour Organization (ILO) stated that 24.9 million people were forced to work under threat or coercion as domestic workers, on construction sites, in clandestine factories, on farms and fishing boats, and in the sex industry, while 15.4 million people were living in forced marriage. This equates to approximately 5.4 victims of modern slavery for every thousand people in the world in 2016. It is estimated that trafficking in persons generates billions of dollars per year, second only to drug trafficking as the most profitable form of transnational crime. 2.1.2 This document addresses trafficking not only as a crime, but as a human rights violation and is intended to focus on prevention and victims rights. The human rights based approach is very important in protecting victims as it places them at the centre of any effective action. It also extends the focus to the root causes such as patterns of discrimination; unjust distribution of power; demand for goods and services derived from exploitation; conflicts; and the complicity of the public sector that underlies trafficking and maintains impunity for traffickers and denies justice to victims. At a practical level, a human rights based approach requires stakeholders to carefully analyse what human rights concerns emerge throughout the trafficking cycle and who is obligated to address them under international human rights law. 2.1.3 Trafficking in persons is a hidden crime. Victims rarely come forward to seek help because of fear of the traffickers, fear of law enforcement, and often because of language barriers. The trauma caused by the traffickers can be so great that many of the victims do not identify themselves as such, therefore never seek help or even attempt to flee their abusive situations. Traffickers look for people who are vulnerable due to a variety of reasons. These may include psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disaster, or conflict and political instability. 2.1.4 The international legal framework on what constitutes trafficking in persons is relatively recent. It was not until the late 1990s that States began the task of separating out trafficking from other practices such as irregular migration. The following definition has been incorporated into many legal and policy instruments as well as national law 3 : Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. 1. Fact Sheet on Human Rights and Trafficking in Persons 2. Global Estimates of Modern Slavery: Forced Labour and Forced Marriage 3. Protocol to Prevent, Supress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (hereafter referred to as the Palermo Protocol ) 3

4 ICAO Circular 352 2.1.5 Trafficking in persons is not the same as smuggling. Trafficking is based on exploitation and does not necessarily require movement across borders. Smuggling is based on movement and involves moving a person across a State s border with that person s consent in violation of immigration laws. The movement of the person across the border is a buyer-supplier type relationship for profit and the relationship between the two parties terminates upon completion of movement across the border. Although human smuggling is very different from trafficking in persons, human smuggling can turn into trafficking if the smuggler uses force, fraud or coercion to hold people against their will for the purposes of labour or sexual exploitation. The UN definition is as follows: smuggling in migrants shall mean the procurement, in order to obtain, directly or indirectly a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident (Article 3(a), Migrant Smuggling Protocol) 4. 2.2 ELEMENTS OF TRAFFICKING 2.2.1 The three key elements that must be present to establish an occurrence of trafficking in persons (adults) are: a) an action (e.g. recruitment); b) a means (e.g. a threat); and c) a purpose (exploitation). 2.2.2 All three of these elements must be present (action, means and purpose) for a situation to be legally considered trafficking in persons (adults). Table 1 presents these key elements based on the definition in the UN trafficking protocol. 4 Table 1. Key elements that must be present for an occurrence of trafficking in persons Key element Act (What traffickers do) Means (How they do it) Purpose (Why they do it) UN trafficking protocol Recruitment, transportation, transfer, harbouring or receipt of persons Threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or position of vulnerability, giving or receiving payments or benefits to achieve consent of a person having control over another Exploitation (including, at a minimum, the exploitation of the prostitution of others, or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs) 4. United Nations Convention Against Transnational Organized Crime and the Protocols thereto

ICAO Circular 352 5 2.2.3 In the case of trafficking in children (i.e. persons under 18 years of age), there is one key elemental difference: the means element is not required for the exploitation to be considered trafficking. It is only necessary to show: a) an action (e.g. recruitment); and b) a purpose (exploitation). 2.2.4 Table 2 presents the differences between trafficking in adults and children. Table 2. Differences between trafficking in adults and children Feature Trafficking in adults Trafficking in children Age Any persons over 18 years of age Any person under 18 years of age Elements Act Means Purpose Recruitment, transfer, harbouring, receipt of persons Threat or use of force, deception, coercion, abuse of power/vulnerability Exploitation Consent Not relevant. Cannot be used as a defence once the means are established Not relevant. The means do not need to be established 2.3 WHY TRAFFICKING HAPPENS 2.3.1 Certain persons are more vulnerable to exploitation either for personal reasons, economic/political reasons, or by nature of their gender, race or religion. These vulnerabilities create the perfect scenario for exploitation by another person: the trafficker. Table 3 presents the types of reasons exploited by traffickers. 2.3.2 Traffickers can be individuals of any background, ethnicity, gender or class. They do not necessarily look like criminals. They can be a friend, a neighbour or a family member. Individuals or organized crime groups involve themselves in trafficking in persons because the demand for the services provided by the victims results in high profits with limited risk.

6 ICAO Circular 352 Table 3. Reasons exploited by traffickers Reasons Personal reasons Economic/political reasons Gender, ethnicity or culture Details Family violence and abuse Lack of education and/or opportunities Expectation of employment Perception of restricted lifestyle choices relative to other countries Example: I was promised a modelling job. Poverty or unemployment Expectation of employment Expectation of an improvement in opportunity Anticipation of material and lifestyle improvement Expectation of personal and/or family safety Migrant communities Living in a conflict zone/fleeing a conflict, or a humanitarian crisis Example: My country has been devastated by a natural disaster and the infrastructure is destroyed. Racial and gender-based discrimination Belonging to a vulnerable minority Example: My parents do not accept my sexual orientation and have evicted me. 2.4 TYPES OF TRAFFICKING Often, the expression trafficking in persons brings to mind sexual exploitation. However, there are many other forms of trafficking by means of a threat, either real or perceived. Some of the various types of trafficking include: a) sexual exploitation, including the exploitation of the prostitution of others; b) child sexual exploitation and prostitution; c) child soldiery; d) trafficking in persons for the explicit purpose of organ removal (which is not donated); e) forced labour (in mines, fields, factories, fishing vessels, etc.); f) selling children for illegal adoption; g) exploited domestic workers (e.g. private residences); h) debt bondage and servitude; i) forced marriage; j) forced begging and crimes on the street;

ICAO Circular 352 7 k) forced criminality; and l) other forms of forced exploitation and slavery like practices. 2.5 GENERAL INDICATORS OF TRAFFICKING Recognizing key indicators of trafficking in persons is the first step in identifying potential victims. Below are some common indicators to help with the identification of trafficking in persons: a) Does the person appear disconnected from family, friends, community organizations or houses of worship? b) Has the person had a sudden or dramatic change in behaviour? c) Is a juvenile engaged in commercial sex acts? d) Is the person disoriented or confused, or showing signs of psychological abuse? e) Does the person have bruises in various stages of healing? f) Is the person fearful, anxious, depressed, timid, submissive or nervous/paranoid? g) Does the person show signs of having been denied food, water, sleep or medical care? h) Does the person show signs of physical and/or sexual abuse, physical restraint, confinement or torture? i) Is the person often in the company of someone to whom he or she defers, or someone who seems to be in control of the situation (e.g. where they go or to whom they speak)? j) Does the person appear to be coached on what to say or adhering to a scripted or rehearsed response? k) Is the person working excessively long and/or unusual hours? l) Does the person lack personal possessions and appear not to have a stable living situation? m) Does the person have freedom of movement? Can the person freely leave where they live? Are there unreasonable security measures? n) Are there persons with identical tattoos in similar locations which may indicate branding by a trafficker?

8 ICAO Circular 352 2.6 INDICATORS FOR CABIN CREW MEMBERS 2.6.1 Cabin crew members are in a unique situation where they can observe passengers over a certain period of time, thus allowing them to use their observation skills to identify a potential victim of trafficking. Cabin crew training encompasses reactions expected of crew members in various types of situations from emergency situations to security threats and the appropriate responses expected from them. If cabin crew members suspect a case of trafficking in persons on board, a proper assessment of the situation is necessary before any response can be initiated. The following list of indicators may be present in the cabin environment and can help cabin crew members with that assessment. The person: a) avoids eye contact and social interaction; b) avoids and distrusts authority figures/law enforcement; c) is not in control of his/her documentation and/or has false identity or travel documents; d) has a language barrier with the person he/she is traveling with; e) has no money, personal items or carry-on baggage; f) is not wearing appropriate clothing or his/her appearance may not fit the route of travel or weather; g) comes from a location or State known as a source or destination for trafficking in persons 5 ; h) is unaware of his/her final destination and travel plans in general; i) is unusually submissive to the person he/she is traveling with; j) may not be allowed to speak for his/herself and if directly addressed, someone else insists on answering/translating for him/her; k) provides inconsistent responses from person(s) traveling with him/her when asked questions; l) does not have the freedom on the aircraft to separate him/herself from others (e.g. to use the lavatory unaccompanied); m) may speak of a modelling, dancing, singing, hospitality job or something similar in a foreign country (without knowing who will be meeting him/her upon arrival, and with few details about the job); or n) exhibits unusual behaviour that just does not seem right to the cabin crew member. 2.6.2 Not all indicators listed above need be present to establish a case of trafficking, but these indicators can assist in identification. 5. Global Report on Trafficking in Persons

ICAO Circular 352 9 2.7 CONCEPT OF DO NO HARM It is important to appreciate the concept of Do No Harm to ensure that a potential victim is not further jeopardized, and to ensure the crew member(s) and passengers personal safety. Below are the elements of Do No Harm, which should be followed by cabin crew members in a suspected trafficking in persons event and incorporated into training and procedures: Be discreet with the discussion and relaying of information so as not to raise suspicion. Do not confront the trafficker. Do not attempt to rescue the victim. Act normally. Do not display unusual concern or alarm.

Chapter 3 REGULATORY CONSIDERATIONS 3.1 GENERAL The intention of this chapter is to harmonize international regulatory requirements addressing the topic of trafficking in persons. 3.2 THE PALERMO PROTOCOL 3.2.1 The Palermo Protocol 2000 requires States to adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial aircraft operators from being used in the commission of offences established in accordance with Article 5. 3.2.2 The Palermo Protocol also calls for coordination between States to address the issue. ICAO as a member of the Inter-Agency Coordination Group against Trafficking in Persons (ICAT), established by the United Nations General Assembly 1, is in a position to coordinate and facilitate a comprehensive approach for use by the international aviation community to the problem of trafficking in persons. This joint ICAO-OHCHR circular comes as a good example of cooperation between United Nations entities that are targeting a new constituency that can play an important role in combatting trafficking in persons. 2 The concepts embedded in the recommended principals and guidelines on human rights and trafficking in persons in the Palermo Protocol are included in this circular. 3.3 ICAO STANDARDS AND RECOMMENDED PRACTICES ICAO Annex 9 Facilitation contains the Standards and Recommended Practices (SARPs) dealing with customs and immigration procedures and such other matters concerned with the safety, regularity and efficiency of air navigation. Chapter 3 of this Annex addresses entry and departure of persons and their baggage and contains SARPs regarding minors. A Standard in this chapter specifies that Contracting States shall use appropriate measures to ensure that aircraft operators establish a programme for the handling of unaccompanied minors travelling under their supervision. In addition, a Recommended Practice specifies that Contracting States should ensure that their relevant public authorities are trained to consider the welfare of minors both accompanied and unaccompanied. These SARPs place an emphasis on children, including unaccompanied minors, who may be more vulnerable to becoming victims of trafficking, and reinforce the need for States and operators to address this vulnerability through procedures and training. 1. GA Resolution 61/180 in 2007 Improving the coordination of efforts against trafficking in persons 2. ICAT Membership 10

ICAO Circular 352 11 3.4 ROLE OF THE STATE CIVIL AVIATION AUTHORITY 3.4.1 The civil aviation authority is one of the State s entities that should comply with all national laws and regulations, including criminal laws that address trafficking in persons. To further support a State s activities in relation to the Palermo Protocol, the State s CAA should mandate training for operator personnel, as detailed in this guidance. Further, the CAA should ensure that there is proper oversight of this mandatory training. 3.4.2 If a State has other agencies that mandate or provide training on identifying and responding to trafficking in persons, the CAA should form partnerships and collaborations that support the initiative to address the issue of trafficking in persons. It is also highly recommended that the State s CAA use the content of this circular as the basis for training programmes for cabin crew and other aviation personnel.

Chapter 4 OPERATOR POLICY AND PROCEDURES 4.1 GENERAL 4.1.1 Aviation is one of the modes of transportation utilized by traffickers. It is likely that cabin crew members and other operator employees would encounter a situation of trafficking on board a flight. The operator should develop a policy and procedures, including reporting protocols, around the issue of trafficking in persons. 4.1.2 The information in this chapter provides an example of what cabin crew members might encounter in the cabin of an aircraft. This information can be utilized by operators in the development of specific procedures and reporting guidelines for cabin crew members responding to a suspected case of trafficking in persons. Operator procedures should reflect any guidance or requirements of the State-specific national action plan to combat trafficking. 4.2 POLICY 4.2.1 The operator plays an integral part when addressing the issue of trafficking in persons at the national and international levels. The operator should develop a policy that states its commitment to combating trafficking in persons on board its aircraft. The policy should include the following: a) commitment statement; b) description/definition of trafficking; c) responsibility and authority of flight crew; d) responsibility of cabin crew; e) responsibility of other operator personnel (including third party operating personnel); f) documentation and reporting; and g) training and procedures. 4.2.2 The policy should also include a statement regarding the need to train all of the operator s relevant employees on the issue, on an initial and ongoing basis, so as to facilitate identifying and responding to trafficking in persons during operations. 12

ICAO Circular 352 13 4.3 CABIN CREW PROCEDURES 4.3.1 Trafficking in persons is a crime and a human rights violation. The operator should assess its current procedures for responding to criminal acts on board (e.g. a passenger physically assaulting a crew member) and determine whether they are appropriate to respond to suspected trafficking. If they are appropriate, the operator may apply some of the procedures to address trafficking on board as it would for other threats (e.g. steps to follow for cabin crew reporting to the flight crew about the occurrence, communication between the aircraft and the ground to alert the relevant authorities, and actions to be taken upon landing at the next destination point). The response to a situation that occurs while the aircraft is on the ground may differ from one that occurs in flight. 4.3.2 When a cabin crew member notices something unusual, the following steps should be adhered to as part of the procedures: a) be observant for trafficking indicators; b) notify other cabin crew members and solicit their impressions; c) if the cabin crew member suspects trafficking, initiate non-threatening conversations; d) discreetly ask some questions, indirectly as part of the conversation, such as: 1) Why are you travelling? 2) Are you visiting relatives? 3) Where are you staying? 4) Who will be meeting you? 5) What are your plans? e) note the seat number and passenger name record (PNR) information, if available; f) take note if the traveling companion(s) appear(s) nervous or prevent(s) the child/person from answering questions, or seem(s) evasive; g) remember to do no harm (see 2.7); h) confer with other cabin crew members for an additional assessment of the situation; i) contact the pilot-in-command and inform him/her of suspicions, relaying the details noted (i.e. the cabin crew member should explain why he/she believes the behavior exhibits signs of trafficking in persons); j) determine with the pilot-in-command what information should be relayed to any law enforcement representatives on the flight, if applicable; k) assess the level of threat to cabin management (see 5.2.1) and apply existing operator procedures for responding to the threat, as necessary; and l) continue observing and assessing the situation and report additional details to the pilot-in-command and other crew members, as necessary.

14 ICAO Circular 352 4.4 REPORTING 4.4.1 Once the cabin crew provides the information they gather to the flight crew, the pilot-in-command should relay the information to the applicable operator personnel, airport staff or agency responsible for assistance (according to the operator procedures). The operator should establish procedures for flight crew members to respond to suspected cases of human trafficking in-flight and on the ground. 4.4.2 Upon arrival, the responsibility should be transferred to the appropriate authorities at the State of Destination (i.e. upon landing at the next destination point). Crew members should follow up with a report to the operator, as per established procedures. Crew members may also be required to participate in legal proceedings at a later date. In such instances, the operator should provide support to crew members to facilitate their participation in such proceedings. 4.4.3 Suspected cases of trafficking in persons are dealt with by law enforcement. The operator should keep track of the number of cases that have been reported by crew members. This information may be useful for tracking trends at the operator level (e.g. to identify a route of concern) and to assist law enforcement with the administration of justice.

Chapter 5 CABIN CREW TRAINING 5.1 GENERAL This chapter presents guidance on training to identify and respond to trafficking in persons on board aircraft, relevant to cabin crew members duties and responsibilities. Cabin crew specific training should be provided in addition to any awareness campaign. If the operator already carries out training on this subject, it should conduct a gap analysis based on the content of this chapter and determine which additional elements should be included to enhance existing training related to trafficking in persons and ensure it is aligned with the content of this circular. 5.2.1 Cabin crew training should include: a) overview of trafficking in persons: 5.2 CONTENT OF CABIN CREW TRAINING 1) elements of trafficking (including legislation or national regulations related to trafficking in persons, which impact cabin crew members duties and responsibilities); 2) why trafficking happens, including a description of victims and traffickers; 3) difference between trafficking and smuggling; and 4) types of trafficking; b) indicators (see 2.5 and 2.6): 1) general indicators; and 2) in-flight specific indicators; c) operator policy; and d) procedures related to recognizing and responding to trafficking in persons; 1) cabin management (e.g. responding to other passengers concerns); 2) the concept of Do No Harm ; 3) communication and coordination between cabin crew and flight crew; and 4) reporting (including the notion that it is better to report suspicions than remain silent). 15

16 ICAO Circular 352 5.2.2 Training on trafficking in persons should not be limited to a one-time session or training. In addition to initial training, the topic should be included in recurrent training so as to maintain awareness and knowledge of the issue. For recurrent training, the content may vary in regard to the topics covered, the delivery methods used for training as well as the knowledge and skills to be assessed. 5.2.3 Recurrent cabin crew training should include: a) any changes to legislation or national regulations related to trafficking in persons, which impact cabin crew members duties and responsibilities; b) any changes to the operator s policy and procedures related to trafficking in persons; c) case studies (e.g. occurrences of trafficking in persons which may have occurred with the operator or other operators); and d) references to agencies dealing with trafficking in persons and useful information, such as websites or publications which cabin crew members may wish to consult. 5.3 CONTENT OF TRAINING FOR FLIGHT CREW MEMBERS AND OTHER PERSONNEL 5.3.1 Although the content of this chapter is applicable to cabin crew members, the issue of trafficking in persons involves multiple stakeholders. Flight crew members, airport personnel and other operational personnel should be trained to identify trafficking in persons, how to communicate and work together, and how to report any suspected case to the relevant authorities. 5.3.2 This chapter outlines the recommended content of basic educational material for all personnel. The combination of this educational material and the group specific training (e.g. for cabin crew) is intended to ensure that personnel are able to identify and respond adequately to trafficking in persons in aviation. 5.3.3 As flight crew members play a vital role in reporting suspected cases of trafficking on board, they should also receive training. The training should: a) raise flight crew members awareness of the issue of trafficking in persons in aviation (see Chapter 2); b) provide an understanding of the role of cabin crew members in identifying and responding to suspected cases on board; c) address the interaction and communication between flight crew and cabin crew members; d) describe flight crew members duties and responsibilities in the event of a suspected case on board; and e) address flight crew members responsibility to report occurrences. 5.3.4 Airport personnel includes persons employed or contracted by operators (such as ground handlers, passenger service agents and aircraft cleaners), persons employed by the airport authority, law enforcement officers (airport security, border agents, police, etc.) and persons employed by the CAA, such as State cabin safety inspectors. Some of these persons may fall under different jurisdictions. Therefore, it may be useful to conduct an awareness campaign at the airport with all stakeholders to raise awareness on the issue of trafficking in persons and to discuss how to combat it.

ICAO Circular 352 17 5.3.5 As part of its oversight responsibilities related to operators training programmes, the State of the Operator may need to approve changes in the operator s programme and documentation (operations manual, training, etc.), and monitor aspects related to how the operator addresses trafficking in persons, during ongoing surveillance activities. The State should conduct training for its designated inspectors to provide them with the knowledge needed to carry out their assigned oversight responsibilities. Similar to the guidelines for operators, the State should define the content to be included in the inspectors training programme. The content of an inspector s training should address the items listed in 5.2.1 and may be tailored to their specific role (e.g. cabin safety inspector). 5.4 TRAINING DELIVERY METHODS 5.4.1 The operator should select training delivery method(s) (e.g. classroom, computer-based training, simulated exercises, videos, role play) appropriate to the subject matter. Some aspects of training may be covered via computerbased training, while other aspects such as skills used to cope with situations, sharing of experiences, or debriefings of past incidents drawn from the operator s occurrence reporting system, are better suited to in-depth discussions and classroom training facilitated by an instructor. A discussion group or online forum for cabin crew members may enable them to communicate what they did, what they observed and what might be done differently should the situation recur. 5.4.2 It is recommended that the training bring together both cabin crew and flight crew members and be conducted as part of joint crew resource management training.

Appendix SAMPLE TRAINING PROGRAMMES 1. EXISTING GUIDANCE MATERIAL This appendix presents existing guidance material developed by States, which can be used to support the implementation of training programmes on identifying and responding to trafficking in persons. 2. UNITED STATES 2.1 The United States Department of Transportation s Federal Aviation Administration (FAA) developed Information for Operators (InFO) 16019 Enhanced Training for Flight Attendants (F/A) Human Trafficking Recognition and Response, issued on 25 October 2016. It informs operators of the statutory requirement to provide cabin crew members with training on recognizing and responding to potential victims of trafficking, and includes a link to the Blue Lightning Initiative (BLI), which is a programme created by the United States Department of Transportation and the Department of Homeland Security that serves to raise awareness about trafficking in persons as it pertains to the airline industry. 2.2 The documentation can be obtained from the website: http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info/all_infos/media/2016/info16019.pdf. 3. CANADA 3.1 In line with internationally accepted best practices, Canada s efforts to combat trafficking in persons have focussed on four core areas, known as the 4-Pillars (the 4-Ps): a) the prevention of trafficking in persons; b) the protection of victims; c) the prosecution of offenders; and d) working in partnership with others both domestically and internationally. 3.2 A Human Trafficking Taskforce, led by Public Safety Canada and comprised of key departments and agencies, coordinates federal anti-human-trafficking efforts. Canada s multidisciplinary response to trafficking in persons has included legislative, programming and policy measures, including law enforcement training, awareness campaigns, and research and support for victims through funding of not-for-profit and local agencies. An evaluation of Canada s National Action Plan concluded in October 2017 and can be obtained from the website: https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/vltn-nap-ht/index-en.aspx 18

ICAO Circular 352 19 4. USEFUL WEBSITES FOR FURTHER READING Office of the High Commissioner for Human Rights United Nations Office for Drugs and Crime The Blue Campaign Airline Ambassadors International End Child Prostitution in Asian Tourism (ECPAT) International Labour Organization (Global Estimates) Switzerland against Human Trafficking END